People v. Peoples

2017 NY Slip Op 4865, 151 A.D.3d 889, 54 N.Y.S.3d 300

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 14, 2017
• Docket: 2013-05179
• Status: Published

Opinion

People v Peoples (2017 NY Slip Op 04865)

People v Peoples

2017 NY Slip Op 04865

Decided on June 14, 2017

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 14, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX, JJ.

2013-05179
(Ind. No. 1313/12)

[*1]The People of the State of New York, respondent,

v

Michael Peoples, appellant.

Michael Peoples, Stormville, NY, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Nancy Fitzpatrick Talcott, and Deborah E. Wassel of counsel), for respondent.

Lynn W. L. Fahey, New York, NY (Dina Zloczower of counsel), former appellate counsel.

DECISION & ORDER

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated March 18, 2015 (People v Peoples, 126 AD3d 919), affirming a judgment of the Supreme Court, Queens County, rendered May 9, 2013.

ORDERED that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745; People v Stultz, 2 NY3d 277).

DILLON, J.P., LEVENTHAL, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court